Caveman is back!
Len...are those twitching chickens...er...a...pecking away...at you again? Birds of a feather...
CaveMan has had time to look into the digital millenium copyright act...and its meaning and penalties...as well as the current status of Eula agreements...in addition he discussed the matter of the cease and desist order with a prominent
(open source
) software attorney.
The attorney said why do the web site owners /webmasters want the responsibility of being a watchdog for every conceivable permutation of eula /dmca violation that some delusional paranoid software company/attorney sees in every or any post? They, as webmasters are protected from violations of copyrighted material by law...provided they have a mechanism whereby the party that owns said property can notify them of the infrigement and have it removed. This means the owner of the software...has the responsibility to police the "suspect" website and report said infrigements of copyright to webmaster. You tube would be in dire straights otherwise. This would be the appropriate way to respond to a cease and desist threat. Far better than
(Len's
) twitching chicken webmaster approach...censoring every post mentioning someone's software...so says the Caveman.
And, Len, contract law is dependent on mutual agreement and acceptance of terms...perhaps you can tell us how it is that someone opening a shrink wrap package can give acceptance to terms that are virtually unknown to them as a contracting party. It is only a matter of time, IMHO, before Eula law undergoes major revisions favoring the consumer...and software companies will bear considerable heat for poorly written or over-extended interpretations of their rights.
Consider this, Len the Almighty, I do not own a copy of NitFront Browser...thus I am not party to any contractual agreement with them. If I decide to place a post on a website as to how one might hack a program such as NitFront Booser...say run executability check on it and make a version change, or change a registry setting, or...shame, shame...add a few hacked dlls...CLEARLY...I have NOT violated any Eulas nor Dmca...and my post would be legal and safe and defensible. I shouldn't be harrassed by the webmaster...for discussing generic alterations to a program that I don't even have any legal contractual obligation to...and our twitching chicken
(Len's words
) webmaster wouldn't have to stay up all night worrying and pulling out hair for fear that the Axis powers are about to land stormtroopers in the backyard and hack them to pizzas
(the Nanking thing...some memories are slow to fade
).
Dmca was originally intended for movie/music industry CD/dvd protection...but applies to software by default...even email posts have strict copyrights. Problem is...to help collect damages against misuse of or pirating of intelllectual property...the owner is expected to make an effort to protect his rights...failure to do so can be interpreted as relinquishishing either rights of ownership or right to damages. So, in part, a cease and desist order from Nitfraud Booser attorneys...is in part, an attempt to draw a line in the sand as to their rights...to show they still claim ownership rights. That the hpc webmasters are willing to prostitute themselves
(that Nanking thing again
)...in hopes of saving their necks
(or their heads as history tells it
)...by allowing no discussion of NitWik Brawlser alterations in any shape, form, derivatives...hypothetical, generic, or completely imaginary
(like put the software CD in the oven at 500 degrees for an hour
)...IMHO...is WRONG! Stepping on the Caveman's toes! but on the bright side...Caveman says it IS just the finest chicken twitching he's seen in a long, long time...and he's been around for ages. Maybe the Dodo is not quite extinct...
Could just be that bird flu
(software
) virus...shucks...infecting the whole darned web site...kinda makes a fella wanta stay away...
Caveman...he jest ain't no darm twitchin' chicken...won't "cave in" to them chicken twitching fears...just keeps wondering if Len and the Chicken Twitchers are ever gonna evolve...
Joval